♪ how many roads must a man walk down ♪ >> reporter: he may not yet be a man but he sure was the man. jeanne moos, cnn, new york. >> that's awesome. thank you so much for joining me today. i'm carol costello. "legal view" with ashleigh banfield. also this hour, an assisted live tag silt shut down by the state. the owners banned from the property. most of the caregivers fled. left behind, helpless men and women to fend for themselves. how on earth could this happen?

hello, everyone. i'm ashleigh banfield. it is thursday, october 31st. welcome to lot legal view." it's good to have you with us. we're following two developments. kendrick johnson walked into his high school gym in valdosta back in january. the next thing anyone knew, this strong and healthy 17-year-old, a three-sport athlete was dead. he was wedged somehow into a rolled up gym mat and the sheriff called it an accident. his parents say that is crazy and yesterday they along with cnn persuade adjudge to release surveillance video and photographs and police files related to their son's alleged suffocation. that's one big development. the second comes two hours from now. that's when the top prosecutor in the region is going to hold a news conference where he may announce -- and i repeat he may announce -- that the feds will

launch their own investigation into what happened in that gym. my colleague victor blackwell has uncovered one incredible detail after another in this case and he's going to join me live in a moment. but first i want to get you up to speed on his latest reporting. >> reporter: months of protests, sit-ins, and marches have shaken the small georgian city of valdosta. demonstrators say they want answers in the death of 17-year-old kendric johnson and soon a u.s. attorney will announce whether or not he wants answers too. in january kendrick was found debt at school. investigators with the office says he squeezed his 19-inch shoulders into this gym mat. they say he got reached upside down while reaching for this shoe. after an autopsy it was agreed.

accidental dealt due to asphyxia. >> the only one that fit the evidence that we received was this was an accident. >> an accident we just didn't believe. >> reporter: kendric's parents kenneth and jacqueline johnson believe the story about a shoe is a coverup. >> you can see. you can tell he was big. >> reporter: the johnson's want the u.s. department of justice to launch a federal investigation. >> if they don't come in, they're only sending a message to the world. you can kill as long as you can get away with it. >> reporter: in june the johnsons exhumed kendrick's body. anderson said he found evidence of bleeding under the skin near johnson's right jaw. >> we were able to diagnose the fact that there was indeed blunt

force trauma to that area. >> so he took blows to the head. >> he took at least one blow to the neck. >> just to be clear, you used the word serve times, but in your view this was a homicide. >> yes. >> reporter: also he said kendrick's organs were missing. instead he was stuffed with newspaper. the secretary of state's office has launched an investigation into that. questions made the johnsons more suspicious, including why these shoes found yards from his body were not collected as evidence and how did somebody's blood land on the wall in the gym. these facts were laid out for this fbi agent. >> i don't think this was an accident. i think this young man met with foul play. >> reporter: in september a dot

spokesperson said we do not see sufficient indication of a civil rights violation to authorize a civil rights investigation. in a statement to cnn in early october moore said this is about getting to the facts and the truth, and we want the johnson family and the community of valdosta to have confidence in the process. after nine months the johnsons say they will not stop until they get an answer, no matter what the u.s. attorney decides. how long are you willing to fight? >> till i die. if it take me till i die, i will fight till i die. >> victor blackwell joins me live now. i want to get back to that newly released materiel that you and that family have really fought long and hard to see. what does it tell us if anything about any potential foul play? >> reporter: well, ashleigh, we've been covered this story

for six months and only after a request by the johnsons as part of the open request did we get the video surveillance. i want to show you the first clip, if we can play the one with kendrick in the hall. we blurred out the other students but we see kendrick is walking in the gym behind another student. there's no time stamp on this or date stamp but it appears he's wearing the same clothing he was wearing inside the map. let's look at this video inside the gym. this matches the videos we were given several months ago showing him running along the right bottom front of the screen. you see three students playing basketball. this is stamped 1:09 p.m. which is minutes before according to the sheriff's office kendrick climbed into the mat. so we know there were student ace peering to be casually playing basketball. let's talk about the file, ashleigh. we now know every person who was

interviewed, every lead that they followed, and we know to sheriff's office focused in on just a couple of students pulling their attendance records, pulling their class schedules, not doing it for other students and they focused on other teenagers so at least we know they were focusing on their investigation there. so there's still a lot more, hundreds of pages and maybe 2,000 hours of surveillance. 40 cameras in and around the gym. interestingly enough, one more thing, his attorneys, the attorneys do not expect that the moment kendrick climbs in with all these cameras and all the hours, the moment he goes in, that, they do not expect will be on the surveillance. >> which is, of course, what would answer so many of the questions. but the kids playing basketball, do we even know if some of those records that were pulled pertain to the images we just say that relate to the kids that were in the gym at least on this video

to kendrick johnson? >> we know they're aware of where he was before he disappeared and those who found him but specifically going after those three who played basketball, that, yet, we have not found. it's quite possible they talked to them. again, we've got to 400 pages we're going through. we're sorting out what the new information offers. >> if you could quickly, victor, and i know things are developing moment by moment, but if the u.s. attorney announces this afternoon that there's not going to be further investigation, does this new evidence you're looking at today and the pressure that's been put on the loc locals, does that mean the sheriff where you are may reconsider and reopen the case and look at it with a different lens. >> reporter: i think it could be reopened but not because of the pressure put on the sheriff but on the coroner. the johnss filed a lawsuit to

get an order unless. they want the core another to open an inquest unless he can prove why they shouldn't to get a panel in the community to decide whether this was an homicide or accident. right now his death certificate says accident. if after a jury of six in looking at test, listens to testimony, determining that indeed it was a homicide, it will then be forwarded to the owner and launch possibly another investigation. more pressure on the coroner. he said to our producer this morning in valdosta, he's going to make a decision about the inquest in the next day or so with the emphasis on "or so." so maybe by this weekend or on monday. >> it's astounding it took you and the family and your producer 20 open requests to get this detailed information. excellent work, victor. keep us posted as we wait to

find out with the 1:00 announcement. i want to bring in two attorneys. mark, if i could begin with you, what difference would it make if the feds actually agree to do a criminal investigation. how would bit different than what the sheriff and those deputies have done? >> hopefully it's going to be much more complete because the reality is whatever happens to that was not complete and it wasn't transparent. the family had a right to know what happened to their son and i'm hoping mr. moore is going to reopen the case. we're going be satisfied if we have a full, complete and very transparent investigation and mr. moore is in the best position to do that. >> and, danny, it's not like this just happened. there have been months that have

passed since the initial evidence. the evidence, the collection, the processing, and now further questioni questioning. what can the feds possibly do sing since they're going be relying on everything? >> it sounds like they may have more evidence available to them, but it's interesting. we have mark o'mara with us. that came up in the george zimmerman trial. if they want to bring a civil rights case, they must additionally believe not only that foul play occurred but further that it was motivated by a racial animus, by somebody who wanted to deprive this person of their civil rights based on their race. that will be a steeper hill to climb. it will be interesting to see what the department of justice

wants to do with this. they have a higher burden than say the local law enforcement does in bringing a murder case or homicide case. >> so, mark, jump in there if you would. a lot of times these terms are thrown out and for the average person it's a little difficult to parse out what it means. what does this mean that the fetds are looking at this? >> they're saying whatever happens to kendrick violated his civil rights. they're sort of presuming that the way the investigation was handled may well have violated kendrick's rights. it may have happened how he was killed or passed or how the gugs wasn't looked into properly. i agree with danny. i'm just hoping with the focus we have on the case that we take the opportunity to let the feds come in, take a look at it, and

tell everyone once and for all what truly happened that day. >> i hope along with everything we can get to that level of mystery solving. mark o'mara, great to have you here. and, danny, stick around. i have a couple of things i want you to weigh in on. i want to talk about another story we're working on. more than a dozen elderly men and women abandoned. just abandoned by people who were supposed to be taking care of them. it happened at an assisting living facility in california. find out why it happened in the first place. try zyrtec-d®. powerful relief of nasal congestion and other allergy symptoms -- all in one pill. zyrtec-d®. at the pharmacy counter.

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welcome back. it's a necessary and sometimes dreaded task that more and more people are facing, placing an aging parent in an assisted l e living fa sichlt not an easy decision but once it's done, you're hoping they're going to receive the best of care, right? not the case. not only were the residents not being cared for, they were outright abandoned. stephanie elam now with details of this astounding story. >> reporter: it was nothing less than chaos. medics racing to rescue more than a dozen elderly residents abandoned by the majority of the caregivers at valley springs care home. >> how do you do that? we're talking about human beings. how do you just abandon them? it's a bad situation. >> reporter: it's exactly what the state of california said was

happening for years according to this complaint from the department of social services which was in the process of shutting the place down. last thursday the state suspended valley spring's license citing a long list of violations including insufficient end employee training, failure to providing prescription medication to patient as nonld properly filed injuries and reported uncleanliness. some patients were still there. by the close of business on friday, anyone with any authority was gone, nowhere to be found. the residents were left in the hands of two caregivers and a cook who says they didn't have the proper training to do all that they were doing for the residents, but they felt compelled to stay. this man, a cook, said he and the others took other and tried to do everything they could to help residents who needed round

the clock care. did you feel overwhelmed with all you had to do with these residents? >> i was already overwhelmed by day two. >> reporter: overwhelmed because they needed to help with taking them to the bathroom and giving them meals and meds. >> i definitely wasn't the one that was supplying mohsed to be giving them their med. >> reporter: why did you stay? >> in my eyes i had to stay. i couldn't leave the residents. if so, no telling what would have happened. >> reporter: so many needed urgent care he kept calling 911 on different patients. >> we kept finding people there with nobody there to care for. paramedics and ambulance company got them all transported to the hospitals. >> reporter: what's more, the families of the people abandoned at the home didn't even know it had been shut down. jean pong paid the facility

$3,000 a month to have them care for her sister and they weren't caring for her at all. >> they should be held accountable. you conditioned vacate and leave your residents without proper care. this is what we pay for. >> reporter: we looked for hilda manuel at her home. nobody answered. so why did the department of social services who wanted to close the facility leave without making sure the patients were taking care of? >> staff at the facility said they could provide care through the weekend. that should not have occurred. >> reporter: there's no doubt they dropped the ball. do you believe that the state also failed these residents? >> again, like i said, we had procedures that should have been followed and they weren't and we're going to figure out why that happened, and we're going to ensure it doesn't happen

again. >> reporter: i spoke to authorities and they said they dropped the gun by removing all the residents out of the property. he said they were working on some of the violations and he said the owner was not abandoned the people here but was working to find new homes for them in an orderly fashion. stephanie elam, cnn, in california. imagine being in labor and not having any doctors or mid wives nern around and it just so happens your home is surrounded by that. raging floodwaters. cog up, how did the rescue teams get to that woman behind the wall of water in texas. also, these two people are accused of some very disturbing child abuse. they allegedly put a shock collar used for dogs on their child. find out why and what happened to them straight ahead. so if you have a flat tire, dead battery, need a tow or lock your keys in the car,

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that is not a sound you want to hear. hail falling in wichita, kansas. it is dangerous weather and certainly on a day like today when you're getting your kids ready to trick or treat, you do not want to send your kids out in that. here's a problem. it is a reality for a lot of people right now. severe storms are happening this halloween all along the nation's midsection. rain, wind gusts, and, sorry to report, possibly tornadoes are on tap from the gulf coast to the ohio valley.

and, again, did i mention? it's halloween, the night to trick or treat? heavy rain caused flash flooding. imagine the crews on one side trying to decide how to get across to reach the woman on the other side who was in labor for six hours. they did it. they launched a boat, and they had a medical helicopter on standby. she is finally, we're happy to report, at a local hospital. but we don't know this yet. did she give birth? we're going to watch that for you and let you know how it goes. checking other top stories, it seemed incredibly fast but syria has destroyed all of is chemical weapons. this is an announcement today and it came from the global watchdog, the organization for the prohibition of chemical weapons and it comes a day ahead of the deadlines. the group says all chemical weapons at 21 of 23 inspected

sites are all officially under seal. in moscow, some call a traitor, some call a hero is employed. edward snowden is starting work tomorrow for one of russia's largest websites. he faces espionage charges here in the united states for leaking nsa documents to the media. note to russia. watch your website. less than an hour ago, the faa did something we all hoped for, waited for, eased the restrictions on your electronics devices. the airlines are going to conduct some tests to prove that the devices do not interview with the electronic equipment but effectively what it means is you should be able to use your smartphone, your tablet, your

ipad, and your laptop in flight gate to gate by the end of the year. i repeat, not your cellular part of your phone. another deadend for the parents of a missing autistic teenager nr a boy in new york city. police say a boy photographed riding the subway -- that's the picture on the right -- is not avonte. the teen who took the picture told cnn that when he was asked if he was the missing boy, he didn't respond. that was one of the details about that missing child. he does not talk to strangers. in another story, a connecticut couple is accused of punishing a child with an electric shock collar that is meant for dogs. police in danbury, connecticut, say an official ticked them off to the alleged abuse. now the parents are behind bars

on assault and cruelty charges. ted cruz is joking about things that are coming back to, well, dare i say, on halloween haunt 'em. a lot of people say it's downright not funny. we're going to tell you what it is and tell you how he's responding in a moment. you can d but not your nasal congestion, you may be muddling through allergies. try zyrtec-d®. powerful relief of nasal congestion and other allergy symptoms -- all in one pill. zyrtec-d®. at the pharmacy counter. so hurry in and try three succulent entrées. like our new snow crab and crab butter shrimp, just $14.99. only at red lobster where we sea food differently. [ male announcer ] now try 7 lunch choices at $7.99. sandwiches, salads, and more. the recent increase in cafeteria prices is not cool. when you vote for flo, we'll have discounts.

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secretary of health and human services kathleen sebelius is fresh off her 3 1/2-hour marathon testimony on capitol hill an just got another request. not the kind you like. this one came from congress and it's in the form of a s&p from republican congressman darrell issa. what is the congressman asking for or do we know that yet? >> that's right. this is first on cnn, ashleigh, and we just got this s&p. it's a very broad s&p. it's asking for all documents that include howl many people have applied, how many people have enrolled, and in one of the broadest requests, all communications referring to any technical problems with healthcare.gov. as we know, there are many problems with healthcare.gov. as we know, this goes back a few weeks.

darrell issa asked kathleen sebelius for documents. they said they were at lower staff at that point and were not able to get the documents to chairman issa. they have not gotten them to them yet. i heard from the spokesman peters that they're working. we're disappointed that a s&p was necessary and she said we're working expeditiously to produce these documents. it's a large request be really what is happening is it speengs to the policies and politics of healthcare.gov. this is something the republicans want to focus a lot of attention on and there are still a lot of questions unanswered. ashleigh? >> lisa desjardins, thank you for that. the jobs approval just hit an all-time low. in a new nbc wall street judge poll, only 2% of americans approve of how president obama

is handling his job. it's down 10%. and look at disapprove. 51%. for an administration that's struggling to stay on message, particularly about signature legislation, obama care. joining me now is sally cohen and will cain a columnist with "the blaze." is it necessary? i think i just heard during the marathon testimony yesterday, will you come back and testify again and she said i'll do my best to do so. i'll shut up now. >> of course, twhanlt to know how many people signed up. let's set that aside. how about answers s ts to why t the website work. more importantly, why the security problems? how many have actually had their data compromised?

there's a ton of security problems with this site. giesht a news flash for you. healthcare.gov doesn't work. the government works for us. we might want to know why and when they knew it doesn't work. >> okay. i keep hearing healthcare.gov doesn't work, but i already know that and so does everybody else. >> exactly. >> i know that's where it works. >> you know, somebody get darrell issa becaua pointing ha because he's on a witch hunt for halloween. that's what they do, these massive data dumps. look. kathleen sebelius has been cooperative. part of the point here is to delay them from actually doing -- delag hhs from actually doing the work to implement obama care by making them comply with all the paper dumps. asa did that with all of the local navigators. >> hey, sally. you know how politics work. you're one of the smartest people in the business.

>> why, thank you. >> the approval ratings stink. a lot of it has to do with markets. perhaps the obama administration hasn't done well at telling people how it works, how to get in, and then dealing with the aftermath. you can't argue with that. >> you know, i've been one of the president's strongest critics in how he has rolled out these things. he was a really good explainer when he was running for office but not as president, so that's all true. you want to know whose rating is lower, republicans. >> 22%. >> cockroaches are more respected. >> just for kicks, truman right around now was at 22%, nixon at 24%. although, do we want to be in that category? >> no. right. why are we talking about republicans' approval rating. how is it we can turn every failure to republicans? talking about credibility is too

benign. it's about whether or not the american people, ashleigh, believe president obama. for your the past year, we're talking about foreign policy and whether north we're going to bomb syria, whether oar not it's about chemical weapons and regime, whether or not we're talking about the ap scandal. i didn't know about it. and now finally this one. >> i've got to wrap, but i've got to tell you this. he and i have had this conversation off camera because i railed on you. we talked about that hearing being good. this is what we pay them to do. go and figure out what's wrong, question them to be accountable and get to the answer. but with the s&p that's where i say, oh, for heaven's sake. >> sabotage, sabotage, sabotage. >> i always like getting last word. will, thank you, sally, thank you. you'll have to come back. senator ted cruz is getting blasted for a joke he made on wednesday. they said it was not the kind of

remark you should make, it was highly offensive. listen for yourself and decide. >> have you all noticed the nigerian e-mail scammers, they've been a lot less active lately because they've all been hired to run the obama care websites. afterward a spokesman for cruz said he was making a joke and made no offense but they're demanding an apology for said joke. not all jokes are funny to everybody. a woman in florida is hoping a court is going to reconsider her case because she was slammed with 20 years, 20 years for firing a warning shot after her husband threatened to kill her. 20 years. coming up, what might happen next. at od, whatever business you're in, that's the business we're in.

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not all jokes are funny to welcome back to "legal view." did a florida woman have just cause to fire a warning shot at her husband just as he was threatening to kill her? the state said no. stand your ground was a nonstarter for her and the sentence, 20 years. again, this was a warning shot. today, though, marissa alexander was back in the courtroom with a brand-new chance to make her case. here's cnn's john zarrella. >> reporter: marissa alexander maintains she was just trying to scare after her husband when she fired a single shot into a wall. >> i believed he was going kill me because he threatened that that's what he was going to do. >> reporter: now she has a chance to prove it. she was in the bathroom back in 2010 when her husband managed to

get the door open. >> he got the door open and put his hands around my neck. >> reporter: she managed to get away, get into the garage, grab a gun, and fired. her attorney tried to use the stand your ground law arguing to the prosecution because she feared for her life. >> had i not discharged my weapon at that point, i would not be here. >> but the court denied her claim. she was sentenced to 20 years in prison. the verdict and sentence drew outrage and calls for a new trial. free marissa campaigns sprung up. it's an example of how domestic violence is often viewed. >> so much of the time when it comes to domestic violence, it has been left to women considered responsible for the violence inflicted upon them and they are the ones who are tasked to resolve it. >> reporter: last month an appeals court granted alexander

a new trial but it had nothing do withstand your ground. the error came during the trial when the jury instructions wrongly put the burden of proof beyond a reasonable doubt on marissa because, quote, because the jury instructions on self-defense were fundamental error, we reverse." now alexander waits for a second chance of freedom while she's still waiting behind bars. >> and john zarrella joins me live now. john, i think a lot of people listening to this case would be sort of, you know, flummoxed by the idea that "stand your ground" wasn't an issue. isn't this what stand your ground is all about? >> reporter: yeah, because she feared for her light. her new attorney representing her says he does believe the "stand your ground" was denied at the pretrial hearing they had the first time, but during the triem because it'sself-defense,

he sayed it could certainly come into play. the attorney's office a while ago issue add statement saying they had no intentions of dropping what they call, quote, the very serious charges and the state attorney's office says it will continue to pursue justice for the two child victims and their fare who were endangered by the shot the defendant filed at them. and, again, today in court, it was just procedural today, ashleigh. >> john, thank you for that. that was a critical detail that john zarrella brought up. those two children were nearby when that shot was fired. danny cevallos is standing by. danny, would you be going after the stand your ground strategy or would you think you'd have a better chance at a straight up-self-defense case? >> when it comes to stand your

ground, they may still assert it at the end of the case. remember, self-defense in florida is a pretty good defense. i mean the burden is still on the prosecution to disprove the self-defense claim. the fact that stand your ground has been precluded at the front end doesn't mean it will be at the end of the case. she had a lot of options. the problem here is the mandatory issue with minimum sentencing, florida's 10/20 life rule. >> danny cevallos, thank you for that. coming up, a utah man faces his own daughter who's on the witness stand testifying against him. hear what she has to say of her father's bizarre behavior before and after her mom died. [ male announcer ] pepcid® presents: the burns family bbq. guys, you took tums® a couple hours ago. why keep taking it if you know your heartburn keeps coming back? that's how it works. you take some tums®. if heartburn comes back, you take some more.

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as his own daughter gives damning testimony against him for the second day in his murder trial. her name is alexis summers and she says she believes that her own dad drugged and drowned her mother, michele, in the family's bathtub. she's not the only one, either, because one after the other martin macneill's daughters have gone up to the witness stand and revealed details of their dad's disturbing behavior as their mom was dying. jean casarez look as the their emotional testimony. >> my mom was wonderful. >> reporter: one by one, they took the stand. >> my mom was my best friend. >> reporter: three sisters testifying against their father, martin macneill, accused of murdering his wife so he could share a future with his mistress. >> who is martin macneill? >> that was my dad. >> is he in the court today. >> uh-huh. >> where is he seated? >> right there. >> vanessa, describing for the jury a message she retrieved from her mother's cell phone shortly after her death. >> did you, in fact, tell

investigators that your dad told your mom to not go anywhere? to take it easy? >> uh-huh. >> my father picked up the phone. he said that your mother's not breathing, she's in the bathtub. >> reporter: daughter alexis, now a doctor, convinced her father murdered her mother. he forced her to have a face-lift. >> my dad was telling the plastic surgeon what medication he wanted. it was -- i vividly remember this. he told me he gave her the arnica, valium, the fenergan and two per cosets at 1:30 a.m. and one ambien at 1:30 a.m. >> reporter: prosecutors say macneill was intensionally poisoning his wife of 30 years so he could marry his mistress, gypsy willis. >> she said, lexi, i don't know, but your dad kept giving me medication.

i went to my father and i said, what happened? obviously mom is overmedicated. she said she didn't want my dad to give her any more medication, she wanted me in charge. >> reporter: alexis was always suspicious of willis and said her father didn't wait long after the mother's funeral to move his lover into the home. >> my dad said, alexis i found the perfect nanny. i said, dad, what happens her name? he started so say jill -- >> i said, dad, gypsy jillian willis, i know that woman. i know moms and worried you're having an affair with her and you're not to bring her into the home. >> reporter: randy spencer tried to show alexis was a biased witness against her father and changed her story over the years. >> you have given new testimony you haven't given any time before. >> no, i just answered this specific questions that i've been asked. >> reporter: anna, another former mistress of the married

doctor, testified how during pillow talk martin told her he knew a way to cover up a murder. >> there's something you can give someone that's natural, that's there, after they have a heart attack so it's not detectable after they have a heart attack. >> so you can give someone some sort of substance, naturally occurring in the body? >> uh-huh. >> and it would there after the heart attack but also start a heart attack? >> yes. >> and so you could cause someone to have a heart attack and the drug would supposed to be there anyway and you wouldn't be able to tell. >> that's correct. >> reporter: jean casarez, cnn, utah. >> it is hot and it is spicy. some people living close to the hot sauce factory say it is making them sick. literally making them sick. we'll explain in a moment. ♪ norfolk southern what's your function? ♪ ♪ hooking up the country helping business run ♪

♪ build! we're investing big to keep our country in the lead. ♪ load! we keep moving to deliver what you need. and that means growth, lots of cargo going all around the globe. cars and parts, fuel and steel, peas and rice, hey that's nice! ♪ norfolk southern what's your function? ♪ ♪ helping this big country move ahead as one ♪ ♪ norfolk southern how's that function? ♪ have hail damage to both their cars. ted ted is trying to get a hold of his insurance agent. maxwell is not. he's on geico.com setting up an appointment with an adjuster. ted is now on hold with his insurance company. maxwell is not and just confirmed a 5:30 time for tuesday. ted, is still waiting. yes! maxwell is out and about... with ted's now ex-girlfriend. wheeeee! whoo! later ted! online claims appointments. just a click away on geico.com. the end. lovely read susan.

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food with sriracha hot sauce, listen up the smell from the factory that makes it could be making people nearby sick. miguel marquez is sniffing out the story. >> reporter: call it chili gate 2013, sriracha hot sauce, the top is in the hot seat. complaints the smell emanating from its new plant in east los angeles is making people sick. >> it smells more like pepper. it's very, like, stinging. >> reporter: sell left, a college freshman who lives in the shadow of the plant, says the chili makes her sneeze and her throat sore. others have complained to the city of headaches and difficulty breathing. the city fouling injunction to force the plant to fix the problem or shut down. >> seems like the -- it's

friendly to me. >> reporter: david is the immigrant who turned the mix of peppers, garlic salt and vinegar into a multimillion dollar global brand. he says the plant, chosen to be built here by the city of irwin dell cost $40 million and has state of the art air filters, taking the media to the roof to prove it. at fault, its harvest and chili grinding time. truck load after truck load of the hot peppers brought in over a three-month period, in the last week the air call department has logged 11 complaints about it sent an inspector, finding no smells, no violations at the plant. sriracha might look hotter than hades, it's nowhere near. rating 2,000 point on the scale, that's about half where tabasco sauce is and nowhere near the hottest chilies in the world. >> one, two, three. >> reporter: here's a man eating

a chili. one of the hottest. >> oh! >> reporter: sriracha's jalapeno, nowhere near that hot. the new plant has brought needed jobs to the area, even those who suffer agree. >> if it's possible to fix the problem, then that would be best because one of my friends got a job there. >> reporter: how hot is too hot? now in the hands of a judge. miguel marquez, cnn, los angeles. >> sure look pretty. thanks, miguel. thank you, everyone, for watching. happy halloween. "around the world" starts right now. watching movies, reading e books, playing electronic games, love to do it. the faa says you'll be able to do it all on a plane, even during take-off and landing. >> and then this -- >> i want to appaologizap